My wife and I receved unlawful detainers by posting. (Foreclosure related) The County clerk told me that no permission was given for posting. On Monday the 16th, there will be a Hearing. Is it too late to file a Motion to Quash? Any advise is helpful at this point.
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Read More Answered By: Melvin C. Belli |
The day this was posted is the 18th so I assume since you said the hearing is Monday it is next Monday not the 16th which has passed. First question what type of hearing is it? Without knowing that it is hard to advise you what you can do. If you want to file a motion to quash I would do it before the hearing on Monday so the court knows something is up. If you re-post with the type of hearing on Monday we can maybe give you some more guidance. Posting of the summons and complaint is usually only allowed were defendant is evading service and has to be done at a conspicuous place on property. Then a copy of the summons and complaint has to be mailed to you. I had a case where they posted the summons and complaint claiming defendant was dodging service and then mailed to property address. Only problem was defendant didn't receive mail there because they don'’t deliver to address but instead to a PO Box where is was not sent. The defendant truly never got a copy of the complaint. They should have been able to set default aside and quash service but failed to raise that point and therefore lost. I hate the banks and what they have done to this county, so why don’t you give me a call and we can discuss this further for free. Good luck and hope this helps and feel free to give me a call.
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